State Consumer Disputes Redressal Commission
Vijay Gandotra @ Vijay Gandutra vs Bsesrp Ltd. on 20 January, 2016
Daily Order IN THE STATE COMMISSION : DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Decision: 20.01.2016. Appeal No. 489/11 (Arising out of the order dated 30.07.2011 passed in Complaint Case No. 296/09 by the District Consumer Redressal Forum-III, Delhi.) In the matter of: Vijay Gandotra @ Vijay Gandutra S/o Late Sh. Kishn Chand Gandotra, R/o JG-1/67-B, DDA LIG Flats, Vikas Puri, New Delhi-110018. .............Appellant Versus BSES Rajdhani Power Limited, Through its Chairman, BSES Bhawan, Nehru Place, New Delhi-110019. ........Respondent CORAM O. P. Gupta, Member (Judicial) S. C. Jain, Member
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
O.P. Gupta, Member (Judicial) The complainant has come in appeal against order dated 30.07.2011 passed by District Forum-III dismissing his complaint. The case of appellant/complainant is that he had an electricity connection since 01.12.1998 and was paying bills regularly. On 07.03.2007 and 16.03.2007 some officers of OP came for general checking and pasted notice u/s 163 Indian Electricity Act. The same was replied by complainant on 19.03.2007. His supply was disconnected by OP but was restored on 22.03.2007. He had to suffer humiliation, harassment and inconvenience. He filed a case in Grievance Cell of OP in which in order dated 05.06.2007 was passed that no case was made out u/s 163 of Indian Electricity Act, the meter was found slow by (-) 34.17%. Assessment bill was raised against the complainant for Rs.2651/-. No notice was served on him nor he received any meter testing report.
OP filed WS stating that authorised enforcement inspection team visited the premises of complainant on 17.03.2007 but complainant did not allow inspection. Notice u/s 163 Electricity Act was given and premises was checked on 26.03.2007. Paper seal was put on the meter to maintain status-quo. It was found that against sanctioned load of 3 KW. total connected load was 4.983 KW, meter box seal was missing, meter terminal seals were missing, meter stickers, hologram seals were missing. The consumer refused to sign report. Necessary photographs were taken. Complainant attended personal hearing on 09.04.2007 before Assessing Officer. The Consumer Forum does not have jurisdiction to entertain the case as same was maintainable before the appropriate Appellate Authority u/s 127 of Indian Electricity Act.
It is sufficient to observe that as per decision of Hon'ble Supreme Court in UP Power Corporation Ltd. Vs. Anis Ahmed AIR 2013 SC 2766 assessment made by the assessment authority is covered by Section 135 of Electricity Act and such case is not maintainable in Consumer Court.
Thus, we are not going into merits of the plea raised by the parties. The appeal and complaint are dismissed. However, the complainant is at liberty to seek proper remedy after excluding time spent in present proceedings as per decision of Hon'ble Supreme Court Laxmi Engineering Works Vs. PSG Industrial Institute (1995) 3 SCC 583. A copy of this order be sent to both the parties free of cost. One copy of this order be sent to District Forum for information.
(O.P. Gupta) Member (Judicial) (S. C. Jain) Member